ML20177A203

Request for Additional Information Possession-Only License Amendment Request to Use Certified Fuel Handlers for the Aerotest Radiography and Research Reactor Facility Operating License No. R-98

ML20177A203
Person / Time
Site:	Aerotest
Issue date:	07/27/2020
From:	Geoffrey Wertz NRC/NRR/DANU/UNPL
To:	Slaughter D Aerotest
Wertz G, NRR/DANU/UNPL, 301-415-0893
References
EPID L-2019-LLA-0065
Download: ML20177A203 (7)

Text

July 27, 2020 Dr. David M. Slaughter, President and Reactor Administrator Aerotest Operations, Inc.

3455 Fostoria Way San Ramon, CA 94583

SUBJECT:

AEROTEST OPERATIONS, INC. - REQUEST FOR ADDITIONAL INFORMATION RE: POSSESSION-ONLY LICENSE AMENDMENT REQUEST TO USE CERTIFIED FUEL HANDLERS FOR THE AEROTEST RADIOGRAPHY AND RESEARCH REACTOR FACILITY OPERATING LICENSE NO. R-98 (EPID NO. L-2019-LLA-0065)

Dear Dr. Slaughter:

By letter dated March 21, 2019 (Agencywide Documents Access and Management System Accession No. ML19084A051), as supplemented, Aerotest Operations, Inc. (the licensee) submitted a license amendment request (LAR) to modify Facility Operating License No. R-98 for the Aerotest Radiography and Research Reactor (ARRR) to a possession-only license in support of the licensees decision to permanently cease operation of the ARRR. Within the LAR, the licensee requested to incorporate the use of certified fuel handlers in lieu of U.S.

Nuclear Regulatory Commission (NRC)-licensed senior reactor operators and reactor operators.

The NRC staff identified additional information needed to continue its review of the LAR, as described in the enclosed request for additional information (RAI). As discussed by telephone call conducted on July 21, 2020, provide a response to the RAI or a written request for additional time to respond, including the proposed response date and a brief description of the reason, by 30 days from the date of this letter. Following receipt of the complete response to the RAI, the NRC staff will continue its review of the LAR.

The response to the RAI must be submitted in accordance with Title 10 of the Code of Federal Regulations (10 CFR) 50.4, Written communications, and, pursuant to 10 CFR 50.30(b), Oath or affirmation, be executed in a signed original document under oath or affirmation. Information included in the response that you consider sensitive or proprietary, and seek to have withheld from public disclosure, must be marked in accordance with 10 CFR 2.390, Public inspections, exemptions, requests for withholding. Any information related to safeguards should be submitted in accordance with 10 CFR 73.21, Protection of Safeguards Information:

Performance requirements.

D. Slaughter If you have any questions regarding the NRC staffs review or if you intend to request additional time to respond, please contact me at 301-415-0893, or by electronic mail at Geoffrey.Wertz@nrc.gov.

Sincerely,

/RA/

Geoffrey A. Wertz, Project Manager Non-Power Production and Utilization Facility Licensing Branch Division of Advanced Reactors and Non-Power Production and Utilization Facilities Office of Nuclear Reactor Regulation Docket No. 50-228 License No. R-98

Enclosure:

As stated cc:

California Energy Commission 1516 Ninth Street, MS-34 Sacramento, CA 95814 Radiologic Health Branch P.O. Box 997414, MS 7610 Sacramento, CA 95899-7414 Test, Research and Training Reactor Newsletter Attention: Ms. Amber Johnson Dept. of Materials Science and Engineering University of Maryland 4418 Stadium Drive College Park, MD 20742-2115

ML20177A203 *concurred via e-mail NRR-088 OFFICE NRR/DANU/UNPL/PM* NRR/DANU/UNPL/LA* OGC/NLO*

NAME GWertz NParker JWachutka DATE 6/29/2020 6/26/2020 7/16/2020 OFFICE NRR/DANU/UNPO/BC* NRR/DANU/UNPL/BC* NRR/DANU/UNPL/PM*

NAME TTate GCasto GWertz DATE 7/24/2020 7/24/2020 7/27/2020 OFFICE OF NUCLEAR REACTOR REGULATION REQUEST FOR ADDITIONAL INFORMATION REGARDING AMENDMENT FOR A POSSESSION-ONLY LICENSE FACILITY OPERATING LICENSE NO. R-98 AEROTEST OPERATIONS, INC.

AEROTEST RADIOGRAPHY AND RESEARCH REACTOR DOCKET NO. 50-228 The U.S. Nuclear Regulatory Commission (NRC) staff is continuing its review of the Aerotest Operations, Inc. (Aerotest, the licensee) license amendment request (LAR), provided by letter dated March 21, 2019 (Agencywide Documents Access and Management System (ADAMS)

Accession No. ML19084A051), as supplemented, to modify Facility Operating License No. R-98 and its supporting technical specifications (TSs) to a possession-only license (POL) in support of the licensees decision to permanently cease operation of the Aerotest Radiography and Research Reactor (ARRR).

Within the LAR, the licensee requested to replace the ARRRs NRC-licensed senior reactor operators (SROs) and reactor operators (ROs) with certified fuel handlers (CFHs) and replace the ARRRs Operator Requalification Program with a CFH Training and Requalification Program (CFHTRP).

The NRC staff notes that there is no specific NRC guidance (or NRC-endorsed industry standard) for the use of CFHs in lieu of NRC-licensed operators at non-power reactors.

Furthermore, there are no specific regulations for a non-power reactor CFHTRP. Therefore, the NRC staff conducted its review of Aerotests request to replace NRC-licensed operators with CFHs and implement a CFHTRP at the ARRR similar to how it evaluates such requests for power reactors.1 Accordingly, the staff used the following broad-scope objectives as part of its review:

(1) Ensuring that trained individuals have requisite knowledge and experience in spent fuel handling and storage.

(2) Ensuring that trained individuals have requisite knowledge and experience in reactor decommissioning.

(3) Ensuring that trained individuals are capable of evaluating plant conditions and exercising prudent judgement for emergency action decisions.

The staff also used these objectives as part of its basis in developing the below request for additional information (RAI).

1 See, for example, letter from the NRC to NextEra Energy Duane Arnold, LLC, Duane Arnold Energy Center - Approval of a Certified Fuel Handler Training and Continuing Training Program, dated August 28, 2019 (ADAMS Accession No. ML19204A287) (approving a proposed CFHTRP submitted by letter dated January 29, 2019, as supplemented by letter dated May 30, 2019 (ADAMS Accession Nos.

ML19037A016 and ML19150A296, respectively)).

Enclosure

Additionally, the NRC staff used the guidance in NUREG-1537 to inform its review of the LAR, including the proposed POL TSs, and as part of its basis in developing the below RAI.

Specifically, NUREG-1537, Part 1, Guidelines for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors: Format and Content, Chapter 17, Decommissioning and Possession-Only License Amendments (ADAMS Accession No. ML042430055), provides guidance to licensees preparing POL amendments for research reactors and Appendix 14.1, Format and Content of Technical Specifications for Non-Power Reactors, provides guidance for research reactor TSs. NUREG-1537, Part 2, Guidelines for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors: Standard Review Plan and Acceptance Criteria, Chapter 17, Decommissioning and Possession-Only License Amendments (ADAMS Accession No. ML042430048), provides guidance to the NRC staff for performing reviews of POL amendments.

RAIs Provide information in response to the following requests or justify why no additional information is required:

1. The CFHTRP covers requalification and retraining, but the NRC staff did not find information on the initial qualification and training requirements to be considered a CFH or CFH Supervisor.

1.1. Revise the CFHTRP to provide a description of the initial CFHTRP Qualification Training for both the CFH and CFH Supervisor. Indicate lecture/self-study topics appropriate to storage/handling of fuel, reactor decommissioning (see RAI 8, below),

and normal, abnormal, and emergency response procedures.

1.2. Revise the CFHTRP to indicate the evaluation criteria used to determine initial satisfactory understanding of the topics, including any required on-the-job training, and examinations and passing grades.

1.3. Revise the CFHTRP and/or TSs to indicate the experience and/or qualification requirements needed to be considered eligible to become a CFH and, as necessary, to clarify the experience and/or qualification requirements needed to be considered eligible to become a CFH supervisor.

2. The NRC staff did not find information in the CFHTRP that appears to distinguish the training requirements between a CFH and the CFH Supervisor (or Fuel Handling Supervisor; see proposed TSs 11.3, 12.1.1, and 12.1.4).

Revise the CFHTRP to provide a description of the requalification training for the CFH Supervisor.

3. The NRC staff did not find any information in the CFHTRP that indicates if the CFHTRP can be modified without NRC approval.

Revise the CFHTRP to indicate that the ARRR CFHTRP cannot be changed without NRC approval or, if applicable, provide in the CFHTRP the criteria that would allow Aerotest to make changes to the CFHTRP without NRC approval.

4. NUREG-1537, Part 1, Section 17.2.1.2, Technical Specifications, states, in part, [t]he technical specifications should contain a section describing the facility administration necessary to ensure continued management of the facility and should describe personnel and programs for specified surveillance and maintenance activities. In its review of the proposed TSs, the NRC staff did not find a complete description of the roles and responsibilities of the CFH and CFH Supervisor, or a requirement to implement and maintain the CFHTRP.

4.1. Revise the proposed TSs to provide a complete description of the roles and responsibilities of the CFH and CFH Supervisor in supporting ARRR emergency response and safe conduct of decommissioning activities (see RAI 8, below), in addition to fuel handling activities. This description should also explain that the CFH and CFH Supervisor are replacing the NRC-licensed RO and SRO.

4.2. Revise the proposed TSs to include a requirement to implement and maintain the NRC-approved CFHTRP for CFHs and CFH Supervisors (e.g., The NRC-approved CFHTRP for Certified Fuel Handlers shall be implemented and maintained.)

5. The NRC staff found that the CFHTRP provides a description of how the records of each CFH and CFH Supervisor are maintained by the requalification program; however, the NRC staff did not find in the CFHTRP a description of the retention period for each record.

Revise the CFHTRP to provide a retention period for each record (e.g., until there is no longer a need for a CFH or CFH Supervisor position at the facility).

6. The NRC staff found that the CFHTRP,Section V, CFH Evaluation/ Exam-Administration, states, in part, The Aerotest Operations President shall be responsible for the preparation, administration and grading of the written examination. However, it is not clear to the NRC staff how the current President, or any future President, would be required to be qualified to prepare, administer, and grade the written examination. Additionally, it is not clear whether the President may be a CFH or CFH Supervisor.

Revise the CFHTRP to indicate how the President is required to be qualified to prepare, administer, and grade the written examination. If the President is required to be qualified as a CFH Supervisor, or otherwise may be a CFH or CFH Supervisor, explain how the President would obtain this qualification (e.g., who would prepare, administer, and grade the Presidents written examination?).

7. The NRC staff did not find that the CFHTRP and proposed TSs include any reviews or audits of the CFHTRP.

Revise the CFHTRP and/or provide proposed TSs detailing the required reviews, evaluations, assessments, and/or audits that Aerotest will perform of the CFHTRP to ensure the continuing effectiveness of the program, including by the ARRR Reactor Safeguards Committee.

8. The NRC staff did not find that the CFHTRP includes any provisions to ensure that trained individuals have requisite knowledge and experience in reactor decommissioning.

Revise the CFHTRP to specify additional training for a CFH and CFH Supervisor related to ensuring safe decommissioning.

9. The NRC staff found that the required periodicity of items in Section III of the CFHTRP is not clear.

Revise the CFHTRP to clearly provide the periodicity of the items listed in Section III.

10. The NRC staff found that the CFHTRP Section VI (first occurrence) appears to be a typographical error and should be Section IV.

Revise the CFHTRP to address this apparent typographical error, as appropriate.